June 6, 2003



1999-50
2000-27

Amendment of Rules 7.205,
7.210, 7.215, 7.302, and 7.316
of the Michigan Court Rules 
__________________________________

     On order of the Court, notice of the proposed changes and an opportunity for
comment in writing and at a public hearing having been provided, and consideration having
been given to the comments received, the following amendments of Rules 7.205, 7.210,
7.215, 7.302, and 7.316 of the Michigan Court Rules are adopted, to be effective September
1, 2003. 

ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been deleted.

Bold text  indicates new text.



      [The present language is amended as indicated below.] 

Rule 7.205 Application for Leave to Appeal

(A) - (E)  [Unchanged.]

(F)  Late Appeal.

     (1) - (4)  [Unchanged.]

                  (5)  The time limit for late appeals from orders terminating parental
               rights is 63 days, as provided by MCR 3.993(C)(2).

(G)  [Unchanged.]

Rule 7.210 Record on Appeal

(A) - (G) [Unchanged.] 

(H)  Return of Record.  After the Court of Appeals disposes of an appeal, the Court of
Appeals shall promptly send the original record, together with a certified copy of the
opinion, judgment, or order entered by the Court of Appeals

     (1)  to the Clerk of the Supreme Court if an [timely] application
for leave to appeal is filed in the Supreme Court, or

     (2)  to the clerk of the court or tribunal from which it was received when

          (a)  the period for an [timely] application for leave to
appeal to the Supreme Court has expired without the filing of an application, and

          (b)  [Unchanged.]

(I)  [Unchanged.]


Rule 7.215     Opinions, Orders, Judgments, and Final Process from Court of Appeals

(A) - (E)  [Unchanged.]

(F)  Execution and Enforcement.

     (1)  Routine Issuance.  Unless otherwise ordered by the Court of Appeals or the
Supreme Court or as otherwise provided by these rules,

          (a)  the Court of Appeals judgment is effective after the expiration of the
time for filing an [timely] application for leave to appeal to the Supreme
Court, or, if such an application is filed, after the disposition of the case by the Supreme
Court;

          (b)  [Unchanged.]

     (2)  [Unchanged.]

(G) - (J)  [Unchanged.]


Rule 7.302 Application for Leave to Appeal

(A) - (B) [Unchanged.]


(C)  When to File.

     (1)  Before Court of Appeals Decision.  In an appeal before the Court of Appeals
decision, the application must be filed within 42 [28] days

          (a) - (c)  [Unchanged.]

     (2)  Other Appeals.  Except as provided in subrule (C)(4), in other appeals the
application must be filed within 42 [21] days in civil cases, or within 56
days in criminal cases,

          (a)  after the Court of Appeals clerk mails notice of an order entered by the
Court of Appeals;

          (b)  after the filing of the opinion appealed from; or
               
          (c)  after the Court of Appeals clerk mails notice of an order denying a timely
filed motion for rehearing.

          However, the time limit is 28 days where the appeal is from an order
terminating parental rights.

     (3)  Later Application.   Late applications will not be accepted. [A
delayed application may be filed, if it is accompanied by an affidavit explaining the delay. 
However, a delayed application may not be filed more than 56 days after the Court of Appeals
decision.]

     (4)  Decisions Remanding for Further Proceedings.  If the decision of the Court of
Appeals remands the case to a lower court for further proceedings, an application for leave may
be filed within 42 [21] days in civil cases, or 56 days in criminal
cases, after

          (a) - (b)  [Unchanged.]

     (5)  Effect of Appeal on Decision Remanding Case.  If a party appeals a decision
which remands for further proceedings as provided in subrule (C)(4)(a), the following
provisions apply:


          (a)  If the Court of Appeals decision is a judgment under MCR 7.215(E)(1),
[a timely appeal] an application for leave to appeal stays proceedings on
remand unless the Court of Appeals or the Supreme Court orders otherwise.

          (b)  [Unchanged.]

     (6)  [Unchanged.] 

(D)  Opposing Brief; Cross-Appeal.

     (1)  [Unchanged.]

          (2)  An application for leave to appeal as cross-appellant may be filed with the
     clerk [by the date the appellant's application for leave is noticed for hearing
     or] within [21] 28 days after the appellant's application is
     filed[, whichever is later]. Late applications will not be
     accepted. The application must comply with subrule (A).      

(E) - (G)  [Unchanged.]


Rule 7.316     Miscellaneous Relief Obtainable in Supreme Court

(A)  [Unchanged.]

(B)  Allowing Act After Expiration of Time.  When, under the practice relating to appeals
or stay of proceedings, a nonjurisdictional act is required to be done within a designated time,
the Supreme Court may at any time, on motion and notice, permit it to be done after the
expiration of the period on a showing made to the Court that there was good cause for the delay
or that it was not due to the culpable negligence of the appellant. The Court will not
entertain a motion to file a late application for leave to appeal under MCR 7.302(C)(3) or MCR
7.302(D)(2) or a late motion for reconsideration under MCR 7.313(E).

(C) - (D) [Unchanged.] 



     Staff Comment:  The June 6, 2003, amendments of MCR 7.205, 7.210, 7.215,
7.302, and 7.316, which are effective September 1, 2003, deal with the time for filing
applications for leave to appeal to the Supreme Court.  
               
The amendments of MCR 7.302(C)(1), (2), and (4) set time limits of 56 days in criminal cases
and 42 days in civil ones, but with a 28-day time limit for appeals from orders terminating
parental rights, in recognition of the adverse consequences of delay on the children involved
in such cases.  Late applications will not be accepted.  MCR 7.302(C)(3), 7.316(B).  

The amendment of MCR 7.302(D)(2) provides a 28-day time limit for filing applications for
leave to appeal as cross-appellant. 

There are also nonsubstantive changes in several rules governing procedure in the Court of
Appeals.  In MCR 7.205(F)(5), a reference is added to MCR 3.993(C)(2) (formerly MCR
5.993[C][1]), which sets the time limit for late applications in parental-rights-termination cases. 
The language of MCR 7.210 and 7.215 is adjusted to conform to the changes in the Supreme
Court rules.

The staff comment is published only for the benefit of the bench and bar and is not an
authoritative construction by the Court.